Criminal charges involving a firearm often result in prison sentences—in fact, state law adds mandatory time on top of the sentence for the underlying offense if a firearm was used or shown while someone is committing a crime. Even having a firearm during an alleged offense can increase the charge and prison sentences. In turn, a conviction leaves you with a permanent felony record and long-term restrictions on your rights.
The earlier you get an experienced gun crimes defense lawyer involved, the more defense options you may have. An experienced attorney will challenge questionable evidence and work to reduce or dismiss charges whenever possible.
Don’t wait to start protecting your rights. Probst Law Office, Inc. can explain the penalties you’re facing and fight to protect your future. Call us today for a confidential consultation about your case.
What to Know About Firearm-Related Charges in Ohio
Ohio can add firearm-related charges or sentence enhancements whenever a gun is involved in a crime, even if no one was hurt. You don’t have to fire the weapon for the penalties to apply, either. Simply having or displaying a firearm during a crime can trigger extra time in prison.
Under Ohio law, a firearm is “any deadly weapon capable of expelling a projectile by the action of an explosive or combustible propellant.” This definition includes handguns, rifles, and shotguns. This also applies to unloaded guns. Even inoperable firearms qualify if they can be quickly made operable.
Charges involving firearms often appear alongside other alleged crimes. For example, a burglary or assault charge can carry additional penalties if prosecutors claim you had a firearm. In short, you should know:
- Prosecutors can file multiple charges from one incident when a firearm is present.
- A separate firearm enhancement adds mandatory prison time on top of the main sentence.
- Judges are often required to impose these firearm-related sentences consecutively.
- Prior convictions involving guns often lead to harsher penalties.
Knowing how firearm charges work is the first step in building your defense. Probst Law Offices, Inc. can explain which charges you’re accused of and what your best defense options are.
Common Ohio Criminal Charges Involving Firearms
Ohio law has multiple firearm-related charges. Some involve using or firing a gun, while others focus on how a person carries or possesses a gun. Prosecutors can also add a firearm specification to many violent felony charges. Here are some of the most common firearm-related charges in Ohio:
- Improperly discharging a firearm: It’s a crime to discharge a firearm at or into a home, occupied structure, or school zone. This charge is a felony and can carry mandatory prison time.
- Discharging a firearm on or near prohibited premises: Firing a gun near cemeteries, orchards, parks, roads, or certain other prohibited areas can lead to felony charges, even if no one is hurt.
- Improper handling of a firearm in a motor vehicle: Ohio makes it illegal to transport or discharge a firearm in a vehicle in certain ways. This includes having a loaded firearm accessible without a proper license or safety precautions.
- Having a weapon under disability: Ohio prohibits certain people from possessing or carrying firearms, including those with prior felony convictions, drug offenses, or mental health adjudications. Violating this law is a felony.
- Carrying concealed weapons without a valid license: It’s illegal to carry a concealed firearm without the proper permit or license, though Ohio now has permitless carry for many adults. Prosecutors still file this charge in some situations, such as when other legal restrictions apply.
- Felonious assault with a firearm: Ohio’s felonious assault law prohibits causing or attempting to cause serious physical harm. If a firearm is used, prosecutors can add a firearm specification, which increases the penalty.
- Aggravated robbery or aggravated burglary with a firearm: Using a firearm during certain violent felonies increases the punishment. These charges carry heavy prison sentences and often include mandatory firearm specifications.
Prosecutors may combine these charges, which means a single incident can lead to multiple felony counts.
How Firearm Specifications and Sentence Enhancements Work
Ohio law adds extra mandatory prison time when a firearm is used, displayed, brandished, or discharged during certain crimes. These added penalties are called firearm specifications. Judges must impose a separate prison term of one, three, or five years, depending on the specific crime. This sentence runs consecutively to the sentence for the underlying crime—that means it’s added on rather than served at the same time.
Firearm specifications apply to many violent felonies, including the robbery, assault, and burglary charges above. If you have prior firearm-related convictions, they can lead to harsher mandatory terms. Challenging whether the specification applies can be one part of building a strong, strategic defense.
Collateral Consequences of Firearm-Related Convictions
A firearm-related conviction carries more than prison time and fines. You can lose your right to possess or carry firearms under both state and federal law, sometimes for life. A felony record can also make it harder to find work or housing, since many employers and landlords run background checks and frown upon felony convictions.
These convictions can affect other parts of your life as well. If you’re not a U.S. citizen, they’ll likely lead to immigration consequences—and a conviction may block you from getting certain professional licenses. Because the impact can affect you long after any sentence is over, fighting the charges early can protect your ability to move forward.
What Kind of Defenses Are Used Against Firearm-Related Charges?
No matter what type of case we handle, we start with a careful look at how the arrest and investigation were handled. Prosecutors must prove every part of the charge, and any weaknesses in their evidence can help build leverage for reducing or dismissing charges. Getting Probst Law Office, Inc. involved early gives you more time to challenge the state’s case before it reaches trial.
Possible defense strategies can include:
- Challenging the search or seizure: Evidence found during an illegal search may be thrown out under the Fourth Amendment, which can weaken the prosecutor’s case. Depending on which evidence was suppressed, the state might not be able to move forward.
- Disputing whether the object was a firearm: Ohio’s definition of a firearm requires the weapon to be capable of expelling a projectile or easily made operable. A nonfunctional firearm may not meet that standard.
- Questioning possession or control: Prosecutors must prove you knowingly had or controlled the firearm. If others had access or control, that can be enough for reasonable doubt.
- Self-defense or defense of others: Ohio law allows the use of force in certain situations. If you acted to protect yourself or others, that can be a complete defense.
We can also work to negotiate reduced charges or sentencing alternatives when the evidence is strong. Having an experienced gun crimes attorney who knows the local courts can make a major difference for your case and potential consequences.
Call Probst Law Office Today for Skilled Criminal Defense Representation
Probst Law Office, Inc. defends people charged with felony and misdemeanor offenses throughout Central Ohio. Attorney Michael Probst has nearly two decades of experience handling complex criminal cases, including charges involving firearms. He offers extensive trial experience along with deep knowledge of Ohio’s criminal laws. If you’re facing firearm-related charges, call us today for a consultation.
